LW 412 – PRIVATE INTERNATIONAL LAW 2019/2020

DISCUSSION QUESTION

1. The answers should be typed

2. Support your answers with relevant authorities
3. Use Times New Roman Font size 12, 1.5 spacing
4. Plagiarism is highly prohibited
5. Date of submission: 29th January 2020
6. If you believe the question is ambiguous, identify the ambiguity explicitly,
make a reasonable assumption about how to resolve it, and answer the
question on that basis.
7. Minimum 3 and maximum 4 pages
8. There shall be penalty for non-adherence of the instructions

GROUP 1
“Recognition and enforcement are two sides of the same coin; that is they are
different but they complement each other.” Discuss showing the nexus existing
between recognition and enforcement and how they differ.

GROUP 2
With relevant authorities discuss how foreign arbitral awards are enforced in
Tanzania.
GROUP 3
Discuss in detail on comity and acquired rights as used in private international law.

GROUP 4
The Tanzanian Milling Company known as Ihumwa Super Flour Ltd, (plaintiff) and
the Machakos Engineering Equipment Suppliers Ltd (the defendant), a foreign
company with offices in Geneva and Nairobi, Kenya, entered into contract of sale.
There was no formal contract drawn up and executed by the parties. The
contract was concluded through meetings, discussion, exchange of letters and
other forms of correspondence. They reached an agreement that the defendant
would supply the plaintiff with a milling machine with capacity to mill a high
quality type of flour (known as “super sembe”) and adjustable to produce a
standard quality of flour. The plaintiff had negotiated and reached an agreement
with the Nairobi Office. The plaintiff paid the purchase price and the defendant
supplied the milling machine. The machine supplied was commissioned in
March, 2014 and production commenced in April, 2014. On commissioning and
initial production some problems became apparent, one of them was that the
end product became “standard flour” instead of the specified “super sembe”.

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These faults and problems were communicated to the defendant immediately
by the plaintiff’s letter dated 27/4/14. Even after the defendant supplied extra
sieves of different sizes the end product remained the same. The plaintiff
demanded rectification of faults and the remodeling of the machines. In
response, the defendant supplied the plaintiff with an Invoice for the costs of
the rectification or remodeling works. The plaintiff was not ready to make
additional payment for the rectification and/or remodeling also the defendant
was not prepared to undertake the job without additional payment of 3500
USD. As a result, the plant remained idle and the plaintiff was out of business
as a miller. The plaintiff has now suffered economic loss as the miller has failed to
resume the production for a while. Suppose Ihumwa Super Floor Ltd has been
informed by one Mshauri that you are LL.B student from the University of Dodoma,
and you are very much and well knowledgeable in private international law disputes.
The company eventually has consulted you for an advice. Advise the “the Miller”
accordingly.
GROUP 5
“It is trite principle under private international law that the personal status and the
family law are governed by the personal law of the individual whose status or family
relationship is in question. In determining the state with which the individual has
some substantial connection, and resolving a particular family law dispute, the states
in various occasions, have either considered circumstances of which a particular
individual is a national or the state where a person is a domicile, and the question
whether any country will look to the law of the state of nationality or the state of a
domicile as governing law.” In light of the above contention, examine the concept of
choice of law in family law cases under private international law as observed in the
cases of Hasumati Chalangali v. Bashiru hussein Gulamali and another (1983) T.L.R.
320 and Abdallah Mohammed Hussein v. Jazmine Zaludova(1983) T.L.R.
GROUP 6
With relevant authorities examine the choice of law rules applicable in property and
succession matters
GROUP 7
(a) Discuss briefly the applicability relevancy of the doctrine of renvoi as used in
private international law.
(b) Explain the legal position in line with the domicile of an infant when:
(i) He is legitimate child and the marriage subsist
(ii) An illegitimate child and the marriage subsist
(iii) After the father’s death
(iv) After attaining the age of majority in Tanzania
GROUP 8
XYZ Company Limited is an importer of cooking oil into Algeria. Six months ago, it
discovered great French cooking oil and decided to import and distributes it in
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Ethiopia and Sudan. It entered into an agreement with a Namibian company, ABC, in
order to buy this particular type of cooking oil. The agreement sets out the terms
concerning shipment and the method of payments in Namibia. Last month, ABC
failed to deliver 500 bottles of cooking oil on the date specified in the agreement. As
such, XYZ Company could not supply cooking oil to stores in Ethiopia that ordered
cooking oil from him. Some stores cancelled their orders, resulting in a significant loss
of profit. XYZ Company Limited wants to sue for damages and thus comes to you for
clarifications on the rules governing contracts in the absence of parties’ choice of law
of solving contractual disputes.
GROUP 9
With relevant authorities examine the choice of law rules applicable in matrimonial
causes
GROUP 10
Discuss the basis for the application of Private International Law and the exceptions to
its applicability.
GROUP 11
The traditional rule under private international law cases is that, all tortuous liabilities
are governed by the lex loci delicti commissi or lexfori. However, these rules should
not be taken to mean that they are to be absolutely taken for granted in resolving
tort liability cases. It is further urged that, it is not every aspect of tortuous liability is
governed by the said above rule as in some circumstances, tort cases should be judged
in accordance to social environment in which it has been committed. Discuss this
assertion using relevant cases.
GROUP 12
With relevant authorities examine the choice of law rules applicable in contractual
obligations and their challenges.
GROUP 13

With relevant authorities (if any) discuss the following situations;

a. The limitations on jurisdiction of courts when faced with a case of a
foreign element
b. The choice of law in a tort case that has occurred at the embassy. i.e
Tanzanian Embassy in Kenya.